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7C Page 12 20. Termination. In the event of the Consuitant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant#o the no#ice provisions af this Agreement. If City decides ta abandon or postpone the work or services contemplated by this Agreement, City may terminate this Agreemenf upon written notice to Consultant pursuant #o the notice provisions of this Agreement. Termination will be effective immediately upon notification. Either Pariy upon tendering ten(10}days written notice to the other party may terminate this Agreement. Within 10 days of termination Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant wil! be paid for work performed up to the termination date; however, the tota(will not exceed the lump sum fee payable under this Agreement. City will make a determination of final payment based upon the value of the work product deEivered to City and the percentage of the services perFormed. 21. Covenants Aqainst Continqent Fees. Consultant warrants that Consuitant has not emplayed ar retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bana fide empioyee, any fee, commission, percentage, brokerage fee, gift, or any o#her consideration contingent upon, or resulting from,the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement withou#liabili#y, or, in its discretion, to deducfi from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Clairns And Laws�its. Consultant acknowledges that if a false claim is submitted to City by Consultant, i# may be considered fraud and Consultant may be subject to criminai prosecution. Consultant acknowledges that California Government Code sections 12650 ef seq., the False Claims Act applies ta this Agreement and, prouides far civi! penalties where a person knowingly subrnits a false claim to a public entity. These provisions include false claims ma�e with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. Ef City seeks to recover penaities pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultanf to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five {5) years. Consuifianfi acknowledges disbarment by another jurisdiction is grounds for Cit�r to terminate this Agreement. 23. Jurisdiction and Venue. Any aetion at law or in equity brought by either of the Parties for fihe pucpose of enforcing a right or rights provided for by this Agreement will Agreement o�er$10K 7 City Aftomey Approved Version 012710